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FRACCOLA v. CITY OF UTICA

77 A.D.2d 161 (1980)

Albert Fraccola et al., Respondents, v. City of Utica, Defendant, and Board of Water Supply of City of Utica, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 30, 1980

Attorney(s) appearing for the Case

Joseph H. Hobika for appellant.

Louis T. Brindisi (Gustave J. DeTraglia of counsel), for respondents.

CARDAMONE, J. P., SIMONS, HANCOCK, JR., and WITMER, JJ., concur.

CALLAHAN, J.

This action arises out of a dispute that was previously before our court (Fraccola v City of Utica Bd. of Water Supply, 70 A.D.2d 768). Plaintiffs are owners of land located in the Town of Frankfort, Herkimer County, New York, upon which they seek to build a subdivision. Defendant Board of Water Supply of the City of Utica (hereinafter referred to as the...

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